Radha Sharma vs State of J&K - 2023 Supreme(J&K) 658

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(J&K) 658

WASIM SADIQ NARGAL
Radha Sharma – Appellant
Versus
State of J&K – Respondent

Advocates:
Advocate Appeared:
For the Petitioner: R.K. Sharma
For the Respondent: Amit Gupta

JUDGMENT :

Wasim Sadiq Nargal, J.

Gist

1. This writ petition is filed by the Petitioner seeking an appropriate writ of mandamus directing Respondents to pay a compensation of Rs. 20 Lacs along with interest to the petitioner.

Primary Facts

2. The case of the petitioner is that her son, Vishal Sharma lost his life due to electrocution when exposed to live electric wire hanging between the poles at the height of 3 to 4 ft. from the ground. This Act was totally attributable to the negligence of the Respondents. It is the specific case of the Petitioner that the matter was brought to the notice of Respondents, the Electricity Department and a request was made to straighten the electric lines/service lines and maintain the height at safe and required height in terms of Electricity Act and Rules framed thereunder, so that no one may come in contact with the live wires, however, needful was not done to rectify and remove the defects by straightening the electric wires by keeping them at safe height, as a consequence of which, the son of the Petitioner died.

3. It is stated that the Petition